Legislation Details

File #: 24-0203    Version: 1
Type: New Business Status: Held
File created: 5/5/2024 In control: Planning and Zoning Commission
On agenda: 5/9/2024 Final action: 5/9/2024
Title: Approval of Conditional Use Permit 24-01 - A Request from Atlas Tower 1, LLC to allow a Wireless Communication Tower at Lot 2, Cho Subdivision, Plat 2014-7 (2400 Richardson Highway) and Adopt Findings
Attachments: 1. CUP 24-01 - Atlas Tower - Application With Attachments, 2. CUP 24-01 - Atlas Tower - Application Supplement - Responses to Code, 3. CUP 24-01 - Atlas Tower - GCI Justification Letter, 4. CUP 24-01 - Atlas Tower - Proposed Findings and Conditions, 5. CUP 24-01 - Atlas - GIS Flood Map, 6. CUP 24-01 - Atlas - Current Zoning Map, 7. CUP 24-01 - Atlas Tower - Aerial Map
ITEM TITLE:
title
Approval of Conditional Use Permit 24-01 - A Request from Atlas Tower 1, LLC to allow a Wireless Communication Tower at Lot 2, Cho Subdivision, Plat 2014-7 (2400 Richardson Highway) and Adopt Findings
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SUBMITTED BY: Bruce Wall, Senior Planner

FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A

RECOMMENDATION:
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Deny the request from Atlas Tower 1, LLC to allow a Wireless Communication Tower at Lot 2, Cho Subdivision, Plat 2014-7 (2400 Richardson Highway) and adopt the proposed findings.
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SUMMARY STATEMENT:
Applicant: Atlas Tower 1, LLC
Property Owner: Valdez Outfitters LLC
Street Address: 2400 Richardson Highway
Legal Description: Lot 2, Cho Subdivision, Plat 2014-7
Zoning District: Light Industrial (LI)
Existing Land Use: Vacant
Access: Richardson Highway to 8th Street, an unimproved platted right-of-way.

Ordinance 24-01 states, "The Planning and Zoning Commission shall evaluate whether the conditional use permit application complies with the criteria established in this section in determining to approve, approve with conditions, or deny the request."

Community Development staff have evaluated the application against the seven listed criteria and determined that the application does not comply with Criteria 5: Comprehensive Plan Consistency.

The Future Land Use Map depicts the Gateway Corridor place type along the Richardson Highway from Robe Lake Access Road to Airport Road and includes the subject property and other properties adjacent to the highway. The Gateway Corridor Overlay is described as, "Protects and improves the aesthetic and visual character of the land directly adjacent to roadway corridors." It further states, "The underlying place type continues to be a compatible use with an emphasis on creating a positive visual experience along the corridor while providing for continued safe and efficient use of the roadway."

Staff found that because of the visual impact on the charac...

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